[2025:RJ-JP:43206] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Misc Suspension Of Sentence Application (Appeal) No.1506/2025 In S.B. Criminal Appeal No.2069/2025 Gulabchand S/o Omprakash, R/o Bhadana Rangpur Road, Police Station Railway Colony, Kota City, Presently Marble Centre Bundi Road, Adarsh Nagar, Kunhadi, Kota (Rajasthan) (Presently Confined In Central Jail Kota). ----Petitioner Versus State Of Rajasthan, Through Public Prosecutor. ----Respondent For Petitioner(s) : Ms. Shefali Sharma For Respondent(s) : Mr. Amit Gupta, PP JUSTICE ANOOP KUMAR DHAND Order 28/10/2025 1. Learned counsel for the applicant-appellant submits that all injuries sustained by the injured PW-2-Prithviraj Salvi were found to be simple in nature by doctor PW-7-Arun Sharma. Learned counsel submits that the hearing/disposal of the appeal is bound to take its own time, therefore, the sentence awarded to the appellant be suspended till disposal of the appeal. 2. Per contra, learned Public Prosecutor opposes the prayer made by learned counsel for the appellant. 3. Heard and considered the submissions made at the Bar and perused the material available on record. [2025:RJ-JP:43206] (2 of 3) [SOSA-1506/2025] 4. Considering the arguments put forward by learned counsel for the appellant and looking to the fact that all the injuries sustained by the appellant were found to be simple in nature and also considering the fact that hearing/disposal of the aforesaid appeal is bound to take its own time, therefore, this Court is of the opinion that the instant case is a fit case for suspending the sentence awarded to the accused-appellant. 5. Accordingly, the application for suspension of sentence filed by the appellant under Section 430 BNSS is allowed and the sentence awarded by the Court of Sessions Judge, Kota in Sessions Case No.294/2023 vide judgment dated 11.06.2025 against the appellant-Gulabchand S/o Omprakash shall remain suspended till final disposal of the aforesaid appeal, subject to the condition that the appellant shall deposit the fine amount, as imposed by the Trial Court and he shall be released on bail provided he executes a personal bond for the sum of Rs.1,00,000/- with two sureties of Rs.50,000/- each to the satisfaction of the learned trial Court for appearance before this Court on 28.11.2025 and whenever ordered to do so, till the disposal of the appeal on the conditions indicated below:- 1. That he shall appear before the trial Court in the month of January of every year till the appeal is decided. 2. That if the appellant changes his place of residence and mobile number, he will give in writing his changed address and mobile number to the trial Court as well as to the counsel in the High Court. 3. Similarly, if the sureties change their address(s), they will give in writing their changed address to the trial Court. 4. Appellant shall deposit a fine amount as imposed by the learned trial Court. [2025:RJ-JP:43206] (3 of 3) [SOSA-1506/2025] 5. In case the applicant-appellant is found involved in committing and repeating the same offence again, the State/complainant would be at liberty to move application for cancellation of bail. 6. The learned trial Court shall keep the record of attendance of the accused-appellant in a separate file. Such file be registered as Criminal Misc. Case relating to original case in which the accused- appellant was tried and convicted. A copy of this order shall also be placed in that file for ready reference. Such Criminal Misc. file shall not be taken into account for statistical purpose relating to pendency and disposal of cases in the trial court. 7. In case the said accused-appellant does not appear before the trial court and commit any default, the learned trial Judge shall report the matter to the High Court for cancellation of the bail. (ANOOP KUMAR DHAND),J Karan/105